(a) If a suit for dissolution of a marriage or suit affecting the parent-child relationship is pending, a party to the suit may apply for a protective order against another party to the suit by filing an application: (1) in the court in which the suit is pending; or. September 1, 2009. Sec. 4, eff. Sec. 1, eff. An agreement under this subsection is subject to the approval of the court. Amended by Acts 2001, 77th Leg., ch. APPLICATION FILED AFTER FINAL ORDER RENDERED IN SUIT FOR DISSOLUTION OF MARRIAGE OR SUIT AFFECTING PARENT-CHILD RELATIONSHIP. 4, eff. (a) At the close of a hearing on an application for a protective order under this subchapter, the court shall find whether there are reasonable grounds to believe that the applicant is the victim of sexual assault or abuse, stalking, or trafficking. 3, eff. DURATION OF PROTECTIVE ORDER; RESCISSION. ORDER VALID UNTIL SUPERSEDED. 1146 (H.B. 1412, Sec. In order to prevent the abuse of a child or other family member a Protective Order can be issued by a Court. (b-2) After a hearing on a motion under Subsection (b) or (b-1), if the court does not make a finding that there is no continuing need for the protective order, the protective order remains in effect until the date the order expires under this section. 7B.102. 85.021. 437 (H.B. 85.061. EXCEPTION FOR VIOLATION OF EXPIRED PROTECTIVE ORDER. 1, eff. Protective Orders and the Importance of TCIC Reporting: The Big Picture. (2) in a court in the county in which the applicant resides if the applicant resides outside the jurisdiction of the court in which the suit is pending. May 5, 1997. September 1, 2011. A permanent protective order is effective for the time period stated in the order, which generally may be up to a maximum of 2 years.If there is no time period written on the order, then it expires on the second anniversary of the date the order was issued. Acts 2011, 82nd Leg., R.S., Ch. Can I get my protective order from Texas enforced in another state? (a) At the close of a hearing on an application for a protective order, the court shall find whether: (2) family violence is likely to occur in the future. Sec. Protective Order attorneys in the Tarrant County Criminal District Attorney’s Office represent victims of family violence, dating violence, stalking and sexual assault who seek protective orders. ", "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. The chapter begins with a summary of the topics covered. DURING THE TIME IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT CHANGES THE ORDER.". (e) The clerk of the court issuing an original or modified protective order under Section 85.022 that suspends a license to carry a handgun shall send a copy of the order to the appropriate division of the Department of Public Safety at its Austin headquarters. 82.002. WHO MAY FILE APPLICATION. 819), Sec. 8, eff. September 1, 2011. 85.024. 632 (S.B. Texas protective orders laws allow for both temporary (20 days maximum) and general (up to two years) protective orders, also referred to as "restraining orders." (a) A court that renders separate protective orders that apply to both parties and require both parties to do or refrain from doing acts under Section 85.022 shall render two distinct and separate protective orders in two separate documents that reflect the appropriate conditions for each party. SUBTITLE B. Amended by Acts 1999, 76th Leg., ch. 85.003. Sept. 1, 2001. (3) the nature of the scheme or course of conduct engaged in by the defendant in committing the offense indicates the defendant is likely in the future to: (A) engage in conduct prohibited by Title 5, Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code; and. 1, eff. Sept. 1, 2001. (b) Each protective order issued under this chapter, except for a temporary ex parte order, must contain the following prominently displayed statement in boldfaced type, capital letters, or underlined: "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN … Art. 9, eff. (3) the clerk of the court shall forward a copy of a protective order issued under this subchapter to the Department of Public Safety with a designation indicating that the order was issued to prevent offenses committed because of bias or prejudice. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 614, Sec. January 1, 2021. Code Title 4 protective order in that the former does not require a hearing, does not require the defendant and the victim to have a specific relationship (and can be issued to protect the victim from a stranger), and is issued before the defendant is released from jail . 7B.104. If the court finds from the information contained in an application for a protective order that there is a clear and present danger of sexual assault or abuse, stalking, trafficking, or other harm to the applicant, the court, without further notice to the alleged offender and without a hearing, may issue a temporary ex parte order for the protection of the applicant or any other member of the applicant's family or household. Your options to remove a restraining order depend on whether you are the person who asked for the order or the person against whom an order was entered. 1, eff. For a Texas court to issue a temporary protective order, the applicant must show that there is a clear and present danger of family violence, sexual assault or other harm. September 1, 2013. 85.001. (c) If a final protective order is rendered by a court other than the court in which a suit for dissolution of a marriage or a suit affecting the parent-child relationship is pending, the clerk of the court that rendered the protective order shall: (1) inform the clerk of the court in which the suit is pending that a final protective order has been rendered; and. ", "IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A FIREARM OR AMMUNITION. Sec. 1435), Sec. Art. Acts 2011, 82nd Leg., R.S., Ch. The clerk of the court shall mail a copy of the order to the respondent and a certified copy of the order to the applicant not later than the third business day after the date the hearing is concluded. (a) A person found to have engaged in family violence who is ordered to attend a program or counseling under Section 85.022(a)(1), (2), or (3) shall file with the court an affidavit before the 60th day after the date the order was rendered stating either that the person has begun the program or counseling or that a program or counseling is not available within a reasonable distance from the person's residence. Acts 2013, 83rd Leg., R.S., Ch. 34, Sec. If the court finds that a respondent violated a protective order by committing an act prohibited by the order as provided by Section 85.022, that the order was in effect at the time of the violation, and that the order has expired after the date that the violation occurred, the court, without the necessity of making the findings described by Section 85.001(a), shall render a protective order as provided by Section 85.022 applying only to the respondent and may render a protective order as provided by Section 85.021. The court shall issue a protective order in the manner provided by Title 4, Family Code, if, in lieu of the finding that family violence occurred and is likely to occur in the future as required by Section 85.001, Family Code, the court finds that: (1) probable cause exists to believe that an offense under Section 42.072, Penal Code, was committed; and. (a) If a final order has been rendered in a suit for dissolution of marriage or suit affecting the parent-child relationship, an application for a protective order by a party to the suit against another party to the suit filed after the date the final order was rendered, and that is: (1) filed in the county in which the final order was rendered, shall be filed in the court that rendered the final order; and. 15, eff. 4, eff. (c) To the extent of any conflict with Section 85.025, Family Code, this article prevails. CONTENTS OF PROTECTIVE ORDER. 1, eff. 1, eff. 34, Sec. (b) In a protective order, the court may prohibit the person found to have committed family violence from: (A) directly with a person protected by an order or a member of the family or household of a person protected by an order, in a threatening or harassing manner; (B) a threat through any person to a person protected by an order or a member of the family or household of a person protected by an order; and. May 5, 1997. May 5, 1997. (b) If a protective order that affects a party's right to possession of or access to a child is rendered after the date a final order was rendered in a suit affecting the parent-child relationship, on the motion of a party or on the court's own motion, the court may transfer the protective order to the court of continuing, exclusive jurisdiction if the court makes the finding prescribed by Subsection (c). SEPARATE PROTECTIVE ORDERS REQUIRED. Sept. 1, 1997. September 1, 2011. ", "IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A FIREARM OR AMMUNITION.". Added by Acts 1997, 75th Leg., ch. 6.08 or 6.09. 16, eff. Acts 2017, 85th Leg., R.S., Ch. AN ACT THAT RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE OFFENSE IN ADDITION TO A VIOLATION OF THIS ORDER.". 81.001. (c) In a protective order, the court may suspend a license to carry a handgun issued under Section 411.177, Government Code, that is held by the alleged offender. CONDITIONS SPECIFIED BY PROTECTIVE ORDER. Art. Acts 2015, 84th Leg., R.S., Ch. (c) Each protective order issued under this subtitle, including a temporary ex parte order, must contain the following prominently displayed statement in boldfaced type, capital letters, or underlined: "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. 91, Sec. (2) forward a copy of the final protective order to the court in which the suit is pending. Sec. Sec. (c) If the order has not been reduced to writing, the court shall give notice orally to a respondent who is present at the hearing of the part of the order that contains prohibitions under Section 85.022 or any other part of the order that contains provisions necessary to prevent further family violence. 1412, Sec. (a-1) The court may render a protective order sufficient to protect the applicant and members of the applicant's family or household that is effective for a period that exceeds two years if the court finds that the person who is the subject of the protective order: (1) committed an act constituting a felony offense involving family violence against the applicant or a member of the applicant's family or household, regardless of whether the person has been charged with or convicted of the offense; (2) caused serious bodily injury to the applicant or a member of the applicant's family or household; or. protective orders and requirements of filing the documents under seal in Texas federal courts. DURATION OF PROTECTIVE ORDER. (a) A protective order issued under Article 7B.003 may be effective for the duration of the lives of the offender and victim or for any shorter period stated in the order. 770 (H.B. (a) On request by a person protected by an order or member of the family or household of a person protected by an order, the court may exclude from a protective order the address and telephone number of: (1) a person protected by the order, in which case the order shall state the county in which the person resides; (2) the place of employment or business of a person protected by the order; or. 85.064. September 1, 2007. 632, Sec. Art. 85.063. For an original or modified protective order issued under this subchapter, on receipt of the order from the clerk of the court, a law enforcement agency shall immediately, but not later than the 10th day after the date the order is received, enter the information required by Section 411.042(b)(6), Government Code, into the statewide law enforcement information system maintained by the Department of Public Safety. 632 (S.B. 9, eff. Acts 2017, 85th Leg., R.S., Ch. Art. (b) In a protective order that includes a condition described by Subsection (a)(2)(B), the court shall specifically describe each prohibited location and the minimum distance from the location, if any, that the alleged offender must maintain. (2) maintain a confidential record of the information for use only by: (B) a law enforcement agency for purposes of entering the information required by Section 411.042(b)(6), Government Code, into the statewide law enforcement information system maintained by the Department of Public Safety. I. Texas Rule of Civil Procedure 192.6. Art. 279), Sec. Tex. (2) any court with jurisdiction over a protective order under Title 4, Family Code, involving the same parties named in the application. (a) A person commits an offense if, in violation of an order issued under Article 6.08, Code of Criminal Procedure, the person knowingly or intentionally: (1) commits an offense under Title 5 1 or Section 28.02 , 28.03 , or 28.08 and commits the offense because of bias or prejudice as described by Article 42.014, Code of Criminal Procedure ; 7B.007. According to Texas law, violation of a protective order can be punishable by a fine of up to $4,000 and a year in jail. 7B.003. 1, eff. A court shall. 355), Sec. 7B.103. September 1, 2017. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 3, eff. 85.062. 632 (S.B. Art. (3) demand surrender of the suspended license from the license holder. Each chapter title is followed by a list of the statutes addressed in the chapter. Sec. 1, eff. (ii) in any manner with the applicant or any member of the applicant's family or household except through the applicant's attorney or a person appointed by the court, if the court finds good cause for the prohibition; (B) going to or near the residence, place of employment or business, or child-care facility or school of the applicant or any member of the applicant's family or household; (C) engaging in conduct directed specifically toward the applicant or any member of the applicant's family or household, including following the person, that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass the person; and. 6(2), eff. 1, eff. (a) A protective order rendered under this subtitle shall be: (1) delivered to the respondent as provided by Rule 21a, Texas Rules of Civil Procedure; (2) served in the same manner as a writ of injunction; or. Art. A protective order lasts only as long as the time period the judge approves it for, with a maximum of two years. (b) An application for a protective order under this subchapter may be filed in: (1) a district court, juvenile court having the jurisdiction of a district court, statutory county court, or constitutional county court in: (A) the county in which the applicant resides; (B) the county in which the alleged offender resides; or, (C) any county in which an element of the alleged offense occurred; or. Acts 2009, 81st Leg., R.S., Ch. 789), Sec. (c) The clerk of a court that vacates an original or modified protective order under this subtitle shall notify each individual or entity who received a copy of the original or modified order from the clerk under this section that the order is vacated. 2009 Texas Code FAMILY CODE TITLE 4. The court may not approve an agreement that requires the applicant to do or refrain from doing an act under Section 85.022. Moving to Another State with a Domestic Violence Protective Order. 91, Sec. June 17, 2005. Sec. (a) Not later than the next business day after the date the court issues an original or modified protective order under this subtitle, the clerk of the court shall send a copy of the order, along with the information provided by the applicant or the applicant's attorney that is required under Section 411.042(b)(6), Government Code, to: (1) the chief of police of the municipality in which the person protected by the order resides, if the person resides in a municipality; (2) the appropriate constable and the sheriff of the county in which the person resides, if the person does not reside in a municipality; and. TEMPORARY EX PARTE ORDER. Acts 2019, 86th Leg., R.S., Ch. 113 (S.B. (2) the nature of the scheme or course of conduct engaged in by the defendant in committing the offense indicates the defendant is likely in the future to engage in conduct prohibited by Section 42.072(a)(1), (2), or (3), Penal Code. (2) may render a protective order as provided by Section 85.021 applying to both parties that is in the best interest of the person protected by the order or member of the family or household of the person protected by the order. 1193, Sec. APPLICATION OF OTHER LAW. 555), Sec. Sec. REQUIREMENTS OF ORDER APPLYING TO PERSON WHO COMMITTED FAMILY VIOLENCE. Violating a protective order can result in a jail sentence and/or fine. (c) If the court approves an agreement between the parties, the court shall render an agreed protective order that is in the best interest of the applicant, the family or household, or a member of the family or household. (a-1) This subsection applies only if the respondent, at the time of issuance of an original or modified protective order under this subtitle, is a member of the state military forces or is serving in the armed forces of the United States in an active-duty status and the applicant or the applicant's attorney provides to the clerk of the court the mailing address of the staff judge advocate or provost marshal, as applicable. (a) To facilitate settlement, the parties to a proceeding may agree in writing to the terms of a protective order as provided by Section 85.021. 388), Sec. 14, eff. Art. 6(3), eff. (b) If the court finds that there are reasonable grounds to believe that the applicant is the victim of sexual assault or abuse, stalking, or trafficking, the court shall issue a protective order that includes a statement of the required findings. 97 (S.B. DURING THE TIME IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT CHANGES THE ORDER. Types of Protective Orders in Texas • Magistrates Order of Emergency Protection (most common in Texas) • Special type of protective order available to victims AFTER an arrest is made in a criminal case; • Lasts 31-91 days depending on severity of crime; • … In a protective order, the court may: (A) removing a child who is a member of the family or household from: (i) the possession of a person named in the order; or, (B) transferring, encumbering, or otherwise disposing of property, other than in the ordinary course of business, that is mutually owned or leased by the parties; or. (b) If the court reschedules the hearing under Chapter 84, a protective order may be rendered if the respondent does not attend the rescheduled hearing. 279), Sec. Added by Acts 1997, 75th Leg., ch. 1, eff. 1160, Sec. 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